Case law

In re Om Group Securities Litigation

226 F.R.D. 579 · District Court, N.D. Ohio · Feb 28, 2005

It is well established that only the party holding the attorney-client privilege may assert it. … Perrigo Co., 951 F.Supp. 679 (W.D.Mich.1996), for the proposition that work-product immunity extends to documents that reflect both business and legal interests.

Eastman v. Celebrezze

240 F. Supp. 142 · District Court, N.D. Ohio · Apr 2, 1965

There is no doubt that the alleged employment relationship was specifically designed to qualify Mr. Eastman for benefits under the Social Security Act. There is no impropriety in this. Rhoads v. … The record not only indicates that the Secretary’s determination is not supported by substantial evidence, but also shows that plaintiff has clearly carried his burden of establishing a right to old age benefits.

Hoschak v. Defiance County Engineers

218 F. Supp. 2d 917 · District Court, N.D. Ohio · Sep 11, 2002

To establish a prima facie case of discrimination, a plaintiff generally must show, by a preponderance of the evidence: (1) membership in the protected class; (2) an adverse employment action; (3) that she was qualified for … Plaintiff filed a charge of discrimination, and such an action is clearly a protected activity under Title VII. 2.

Burns v. Prudential Securities, Inc.

218 F. Supp. 2d 911 · District Court, N.D. Ohio · Sep 10, 2002

Plaintiffs declined to do so; had they done so, their case would clearly have been removable under the SLUSA. … Co., 753 F.Supp. 660, 663 (N.D.Ohio 1990) (time for removal begins once “a reasonably qualified attorney would or should have known” that removal was proper); Mielke v. Allstate Ins.

Johnson v. Villard

District Court, N.D. Ohio · Apr 10, 2024

Defendants argue that Johnson did not properly exhaust his administrative remedies before initiating this case, his constitutional claims fail as a matter of law, they are entitled to qualified immunity, the state tort … § 1983, which “confers a private federal right of action for damages and injunctive relief against state actors who deprive any citizen or person within the jurisdiction of the United States of rights, privileges, or immunities

Morgan v. New York Life Insurance

507 F. Supp. 2d 808 · District Court, N.D. Ohio · Aug 16, 2007

In seeking to establish Defendant’s intent to discriminate on account of age through circumstantial evidence, Morgan claimed that he was. qualified for his position, that New York Life fired and then replaced him with Mostafa … Finally, as explained supra Part I, Plaintiff successfully establishes a prima facie case because he was a member of a statutorily protected class who was arguably qualified for his position, terminated by his employer and

Primes v. Reno

999 F. Supp. 1007 · District Court, N.D. Ohio · Mar 19, 1998

IV Clearly Plaintiff Primes as an African American is a member of a class protected under Title VII. … The parties disagree on whether Primes satisfies the other prongs of establishing a prima facie ease. Primes must show that he was qualified for the higher performance rating he sought.

Price v. City of Port Clinton

District Court, N.D. Ohio · Mar 21, 2023

A claim lacks an arguable basis in law or fact when it is premised on an indisputably meritless legal theory or when the factual contentions are clearly baseless. Neitzke, 490 U.S. at 327. … The conduct asserted must be “so severe, so disproportionate to the need presented, and such an abuse of authority as to transcend the bounds of ordinary tort law and establish a deprivation of constitutional rights.”

Landingham v. Department of Justice

District Court, N.D. Ohio · Apr 27, 2022

A claim lacks an arguable basis in 3 law or fact when it is premised on an indisputably meritless legal theory or when the factual contentions are clearly … To establish jurisdiction under the FOIA, the Plaintiff must show that the agency (1) “improperly” (2) “withheld” (3) “agency records.” Id. at 150 (quoting 5 U.S.C.

Bigelow v. Haviland

476 F. Supp. 2d 760 · District Court, N.D. Ohio · Feb 27, 2007

of the case, can qualify as objectively unreasonable. … Additionally, this inconsistency is neither as clearly established as the state portrays it to be nor fatal to Bigelow’s claim.

Tufts v. United States Postal Service

431 F. Supp. 484 · District Court, N.D. Ohio · Dec 14, 1976

The defendants argued that the contractual grievance procedures limited Tufts’ substantive right to federal employment by qualifying her expectation of continued employment. … Furthermore the record fails to conclusively establish that Tufts was not a preference eligible, non-probationary employee.

Uniroyal Chemical Co., Inc. v. Thomas

690 F. Supp. 593 · District Court, N.D. Ohio · Jun 29, 1988

The EPA currently has identified ten (10) qualified facilities that might be interested in storing dinoseb. … The statutory language clearly obligates the Administrator to accept “at a convenient location” the suspended pesticide products “for safe disposal.” 7 U.S.C. § 136q(a).

Harris v. Hunt

District Court, N.D. Ohio · Oct 31, 2022

A claim lacks an arguable basis in law or fact when it is premised on an indisputably meritless legal theory or when the factual contentions are clearly baseless. … Clunk, 389 F.3d 614, 617 (6th Cir. 2004) (“It is well-established that judges enjoy judicial immunity from suits arising out of the performance of their judicial functions.”).

HealthSpot, Inc. v. Computerized Screening, Inc.

66 F. Supp. 3d 962 · District Court, N.D. Ohio · Dec 8, 2014

But it does not provide immunity from jurisdiction for repeatedly threatening litigation without following through or for other actions that could well intimidate compliance even in the absence of infringement. 70 Having … Thus, the only additional factor Defendant could potentially succeed in establishing is “the interest of justice.”

Comm'n v. Outback Steakhouse of Florida, Inc.

75 F. Supp. 2d 756 · District Court, N.D. Ohio · Nov 15, 1999

It is already established that *758 the term “employees” includes former employees such as Ms. Inman. Robinson v. Shell Oil Co. 519 U.S. 337 , 117 S.Ct. 843 , 136 L.Ed.2d 808 (1997). … “If the statutory language is unambiguous, in the absence of a ‘clearly expressed legislative intent to the contrary, that language must be regarded as conclusive.’ ” Russello v.

Reo v. Lindstedt

District Court, N.D. Ohio · Mar 29, 2021

Defendant’s claims against Condon are not plausible for another reason – judicial immunity. Judges are generally immune from civil suits for money damages, including claims brought pursuant to 42 U.S.C. § 1983. … Code § 2305.01, and the act of presiding over a civil case is clearly a judicial act. The claims asserted against Lake County Common Pleas Court also fail.

Dean v. Rhea

District Court, N.D. Ohio · Mar 16, 2022

An action has no arguable basis in law when a Defendant is immune from suit or when a Plaintiff claims a violation of a legal interest which clearly does not exist. … To state a prima facie case for retaliation prohibited by the First Amendment, Plaintiff must establish: 1) he engaged in -5- protected conduct; 2) an adverse

Smith v. Encore Credit Corp.

623 F. Supp. 2d 910 · District Court, N.D. Ohio · Dec 9, 2008

Once the Anti-Injunction Act defense is raised, the party pursuing the injunction bears the burden of establishing that the injunction falls within one of the exceptions. See id. … To qualify as an “expressly authorized” exception to the Anti-Injunction Act, the test is “whether an Act of Congress, clearly creating a federal right or remedy enforceable in a federal court of equity, could be given its

Stanley v. United States

239 F. Supp. 973 · District Court, N.D. Ohio · Mar 10, 1965

The evidence in these actions clearly establishes that at the time of the accident here in suit the prevailing weather was VFR. … The evidence clearly establishes that the point of collision was within the Mansfield tower’s control zone. Prom the testimony of Mr. Tschantz and Mr. G. B.

McClafferty v. Portage Count Board of Elections

661 F. Supp. 2d 826 · District Court, N.D. Ohio · Sep 30, 2009

in 1977, and that every five years the Mayor is required to appoint qualified electors, who do not hold public office, to the commission. … Preliminary relief is “an extraordinary remedy which should be granted only if the movant carries his or her burden of proving that the circumstances clearly demand it.” Overstreet v.